Sonu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58473 of 2022 Arising Out of PS. Case No.-516 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== SONU SHARMA S/O RAMESH SHARMA Resident of Mohalla- Tar Bangla, Ward No- 38, P.O. and P.S.- Dehri On Sone, District- Rohtas (Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 392 of the Indian Penal Code. The petitioner along with another are alleged to abused and assaulted the truck driver and on the point of gun, they have snatched altogether Rs.52000/- from the informant.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that mere on the confession of the apprehended co-accused, the petitioner has been made accused in this case. Neither anything

Patna High Court CR. MISC. No.58473 of 2022(2) dt.10-02-2023 2/3 incriminating as alleged in the F.I.R. has been recovered from the exclusive possession of the petitioner nor the petitioenr has been arrested from the spot. Not only that the petitioner has not been put on T.I.P. by the prosecution. He has no concern with the apprehended accused and the alleged recovery. He further submits that there is non compliance of Section 100 of the Cr.P.C. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 26.06.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sasaram (T) (Darigaon) P.S. Case No. 516 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.58473 of 2022(2) dt.10-02-2023 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T